HomeMy WebLinkAbout2009-08-18; City Council; Resolution 2009-224EXHIBIT 6?
1 RESOLUTION NO. 2009-224
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING STAFF TO RETURN
3 WITH THE DOCUMENTS NECESSARY TO ESTABLISH A
RIGHT OF WAY USE FEE AND ESTABLISH THE INITIAL FEE
4 OF $0 PER ACRE-FOOT FOR THIRD PARTY WATER
DELIVERIES OVER A PERIOD OF FIVE YEARS AFTER THE
5 PROJECTED COMMENCEMENT DATE OF THE SEAWATER
DESALINATION PROJECT.
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7 WHEREAS, Section 5.3 in the Development Agreement between Poseidon and the City of
8 Carlsbad describes the City's obligation to provide Poseidon with free access to public rights of
^ way owned by the City or any of the governmental agencies under its control such as Carlsbad
1 ° Municipal Water District (CMWD); and
WHEREAS, Section 5.3 in the Development Agreement only applies to that portion of the
12 project that is constructed to provide CMWD with its share of the desalinated water, and any
13 portion of the project that is constructed to provide desalinated water to other agencies could be
14 subject to a Right of Way Access fee; and
WHEREAS, staff developed three options for the City Council's consideration with regard
1 fi to a Right of Way Access Fee, and staff recommends Option 2 which stipulates that the City
Council could determine that it is possible that a Right of Way Access Fee will be required in the
18 future, and direct the staff to return with the documents necessary to establish a fee that would
19 initially be set at $0.00 per acre-foot, or other unit of measure.
20 WHEREAS, this action is based on the assumption that it is possible that the Appurtenant
21 Facilities will create some burden on, or impose some cumulative damage to City assets, but the
22 exact amount of this burden cannot be determined at this time.
23 WHEREAS, Council is directing staff to return periodically to review whether or not a fee is
24 necessary to offset any costs being borne by the City related to the seawater desalination facility
25 or the Appurtenant Facilities.
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WHEREAS, since the action will not have any physical impact on the environment, the
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consideration of the action is covered by the general rule that CEQA applies only to projects that
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have the potential for causing a significant effect on the environment. In this case, it can be seen
1 with certainty that there is no possibility that the action may have a significant effect on the
2 environment and it is not subject to CEQA pursuant to CEQA regulation 15061 (b)(3).
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
4 as follows:
5 1. That the above recitations are true and correct.
6 2. That staff develop a Right of Way Access Fee applicable only to other agencies that
7 are signatory to a water purchase agreement with Poseidon and receive desalinated water from
0 Poseidon, and the Right of Way Access Fee be submitted to Council for their consideration,o
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council of the City of Carlsbad and the Board of Directors of the Carlsbad Municipal
Water District on the 18th day of August 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAJWEMVWOOO, (%/Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)